Rhett Ridolfi played high school football until 2008 when he suffered a traumatic spine injury during a drill. The injury left Ridolfi paralyzed on his left side.
He filed a lawsuit against Riddell, a company that manufactures the helmet that the player was wearing. A Las Animas County jury in Colorado sided with Ridolfi in May, 2013, and awarded him $11.5 million.
Riddell expressed an intention to appeal the court’s decision on the grounds that the court did not hear testimony from one of Riddell’s experts.
The implications of the decision are significant and extend beyond the financial damages that the company will have to pay to Ridolfi. The jury decided that Riddell had not adequately warned athletes who chose to wear their helmets of the potential harm that can come from concussions. This decision could impact how head injury lawsuits are approached and decided in the state of Colorado. The jury’s decision makes it clear that the manufacturer is responsible for warning players about the risk of concussions that can occur even with the protection of a helmet.
The helmet manufacturer also has several separate lawsuits against it currently pending, and this outcome could have an effect on those as well. Keeping that in mind, Ridolfi’s attorney says that this jury decision could end up costing the company billions of dollars. Additionally, Ridolfi’s attorney implied that statutes of limitation regarding head injuries may not apply in some cases. This could mean that Riddell could face lawsuits from individuals who have suffered head injuries years and years ago.
Riddell is also facing a lawsuit that was filed in July 2012 on behalf of thousands of NFL players, claiming that Riddell negligently allowed the players to suffer serious brain injuries. The NFL and Riddell moved to have the case dismissed, but the U.S. District Court judge in Philadelphia has not issued a ruling with regards to the motion.
Because federal tort law and Colorado tort law are completely separate, the Colorado ruling will not necessarily affect this current case, but it does set an interesting precedent. And it appears that Riddell is starting to be concerned. The company has released a statement saying that still believes that Riddell’s helmet designs and the way that the helmets are manufactured “provide the most protective football headgear for the athlete.”
Football players who have sustained concussions or head trauma while wearing Riddell helmets and believe that they were inadequately warned of these risks should get in touch with a personal injury attorney. Companies have a responsibility to make risks involved with using their product known. To what extent this is necessary is what remains to be seen. The Colorado court decided that Riddell should have informed the players that wearing their helmets did not eliminate the possibility for sustaining injuries like concussions.
If you or a loved one has been injured by a product that failed to have a sufficient warning, contact a personal injury attorney to discuss your legal options.
